Month: May 2012

Clash of the Sash: Miss Universe and Transgender Bias

By Kylie Crawford TenBrook Recently, Jenna Talackova was disqualified from the Miss Universe contest for allegedly lying about her gender on her entry form. Talackova, who was born with male genitalia but underwent a sex-change operation, indicated on the form that she is female. (Seriously, if an operation can make someone look like that, I’m […]

Thou Shalt Not Unreasonably Question Employees’ Religious Beliefs

By Mark G. Jeffries Q: If an employee asks for time off based on her religious beliefs, can I legally question her about her religion (e.g., what her religion is and why she needs time off)? A: Yes, you may question an employee about her religious beliefs if you have an objective basis for questioning […]

Pepsi Pays $3M to Settle Race Case Based on Background Check Policy

By Jennifer Melton On January 11, 2012, Pepsi Beverages Company agreed to pay more than $3 million to resolve race discrimination claims filed in 2006 by more than 300 African American job applicants. The claims alleged that the company’s criminal background check policy (1) disproportionately excluded African Americans from employment with Pepsi and (2) violated […]

Welcome Back, Wallace

While this blogger is sad to bid farewell to Robert California, the news of David Wallace’s return to the company is certainly exciting. In honor of his triumphant return as CEO of Dunder Mifflin, below is a list of my favorite Wallace moments. 1. The basketball game at Wallace’s house. After Wallace and Jim sneak […]

Public Disclosure by Former Employees: Could the Goldman Sachs Nightmare Happen to You?

by Peter A. Jones Few would question that the world has changed. Collectively, social media, unlimited Internet access, and a shift in the way news is gathered and reported have created a different and challenging environment when employees go “public.” Indeed, the very definition of what constitutes “news” is constantly evolving, as is the news […]

Pay Budgets for 2013–What’s the Plan?

By Stephen D. Bruce, PHR Editor, HR Daily Advisor Compensation planning? There’s nothing more basic than the pay budget, and everyone needs good survey data to support their decision-making. Of course, we can’t generate great data unless you participate in our brief pay budget survey.< Take the 2012-2013 pay budget survey now. For years, BLR […]

Top 11 HR Articles of 2012 from HR Daily Advisor

Your HR Daily Advisor peers have spoken! Here is a list of the top 11 most popular HR Daily Advisor articles of 2012. Read on below for must-read tips on FMLA, GINA, EEOC Mediation, PTO, Retaliation, and more. ‘I’ve Got a Cold–I’m Taking FMLA’ Does a serious cold qualify as a serious health condition under […]

Oklahoma Employees May Have Misconceptions About New ‘Open Carry’ Law

by Charlie Plumb Effective November 1, 2012, Oklahoma handgun owners will be permitted to carry their firearms more freely than before. Yet contrary to some popular belief, the state’s new “open carry” bill (SB 1733) does have limitations. Though some employees may believe they now will have the right to carry guns while at work, […]

GINA, State Statues, and Your Wellness Program

Yesterday’s Advisor warned of potential legal hassles for wellness programs under HIPAA and NLRA; today, threats from GINA and the states, plus an introduction to the popular wellness guide that will help your program achieve best practice ROIs. Genetic Information Nondiscrimination Act (GINA) GINA (which prohibits discrimination on the basis of genetic information with respect […]

Report: Fewer FLSA Cases Filed in 2011 than 2010

The number of Fair Labor Standards Act civil lawsuits filed in 2011 declined 7.2 percent, according to a recent report by the Administrative Office of the U.S. Courts. In all, 6,335 FLSA cases were commenced in district courts nationwide during the 12-month period ended Sept. 30, 2011, down from 6,825 during the same period in […]